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| September 29, 2006 The Bramble Bush by Kevin Morford The Division of Inconsistency
Does a candidate for Governor need to have a running mate (a candidate for Lieutenant Governor) in order to appear on the general election ballot in Alaska? The Division of Elections has issued two conflicting opinions regarding this issue. You may have already heard about the answer that the Division of Elections gave to independent gubernatorial candidate Andrew Halcro. He began his campaign for Governor with Ken Lancaster as his running mate. Due to circumstances beyond Halcro's control, Lancaster dropped out of the race. Halcro was left with no running mate, and he turned to the Division of Elections for guidance. The answer from the Division of Elections was very clear. If Halcro did not come up with a running mate, he could not appear on the general election ballot in November. The Division of Elections gave him a short period of time in which to find a new candidate for Lieutenant Governor. Fortunately for Halcro, he found a new running mate, Fay Von Gemmingen, and both will be on the general election ballot in November. You may not have heard about the very different answer that the Division of Elections has given to the same question in a different race for Governor in this election. David Massie is running for the office of Governor as a member of the Green Party. He does not currently have a running mate in that race, and he has never had a running mate in that race. The Green Party of Alaska has been concerned about Mr. Massie's candidacy, because he does not meet the Green Party's duly adopted rules regarding the qualifications of Green Party candidates for political office. The Green Party prefers to have candidates who agree with and seek to promote the Green Party's political platform. The Green Party even asked the Division of Elections to remove Mr. Massie from the ballot on the grounds that he did not comply with Green Party rules for Green Party candidates. The Division of Elections refused to honor that request. When it was pointed out that Mr. Massie did not have a running mate, the Division of Elections decided that the Green Party would be given a chance to appoint one for him. This decision was generally consistent with the decision to let Mr. Halcro find a new running mate. In response, the Green Party refused to appoint a running mate for Mr. Massie. They then renewed their prior request that the Division of Elections remove Mr. Massie from the ballot. In a complete reversal of the position it took regarding Mr. Halcro, the Division of Elections has now decided to keep Mr. Massie on the general election ballot. Under these conflicting decisions, one candidate who had a running mate is forced to find a replacement running mate under threat of being kicked off of the ballot, while another candidate will be allowed to stay on the ballot even though he has never had a running mate, and does not meet the eligibility requirements of his own political party. In Article III, Section 8, the Alaska Constitution says in part that "In the general election the votes cast for a candidate for governor shall be considered as cast also for the candidate for lieutenant governor running jointly with him. The candidate whose name appears on the ballot jointly with that of the successful candidate for governor shall be elected lieutenant governor." This language clearly contemplates that a candidate for governor must also have a candidate for lieutenant governor running "jointly with him". There is no provision or statute in the Alaska Constitution which authorizes a gubernatorial candidate to run for election without a running mate, or for that candidate to designate a lieutenant governor after the election. The lieutenant governor is supposed to be an elected official in Alaska, and not just a political appointee of the governor. It is not clear why the Division of Elections has taken inconsistent positions in these two cases. One possibility is that a politically motivated Loren Leman is doing his best to help the Republican Party by trying (unsuccessfully) to eliminate Halcro from the ballot where he could split the "Republican" vote, and by trying (successfully so far) to keep a Green Party candidate on the ballot where he could split the "Democratic" vote. As with so much else at the Division of Elections, the answer is shrouded in secrecy. Kevin Morford is a political activist and an attorney in private practice in the Anchorage area. He can be reached at kmorford@insurgent49.com. |
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